Medical Malpractice · Statute of Limitations
Malpractice Lawsuit Deadline in Georgia
How long you have to sue a doctor or hospital for malpractice in Georgia, the statute of limitations, plus when the clock starts, the discovery rule, the statute of repose, and the shorter deadline for suing a public hospital. Cited to the statute.
How the deadline works in Georgia
When the clock starts, whether a discovery rule can delay it, the statute of repose, and the deadlines that differ for particular claims.
| How the clock works | In Georgia | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a medical-malpractice claim. |
| Statute | O.C.G.A. §9-3-71 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The two years runs from the date the injury or death arising from the negligent act occurred, under §9-3-71(a). Georgia measures from the injury itself, so in most cases the clock starts near the negligent care. It does not run from discovery. Georgia does not apply a general discovery rule to medical malpractice, so a late-found injury usually does not reset the two years, with the narrow foreign-object exception below.
Discovery rule No general rule
Georgia does not recognize a general discovery rule for medical malpractice. The two years runs from the date of injury, not from when you learn of it. The one statutory exception is a foreign object left in the body, which O.C.G.A. §9-3-72 lets you sue on within one year of discovery. Outside that, learning of the harm late does not extend the deadline.
Statute of repose: Applies
A five-year statute of ultimate repose bars any medical malpractice action brought more than five years after the negligent act or omission, regardless of when the injury is discovered, under §9-3-71(b). The only recognized exception is a foreign object left in the body under §9-3-72.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Foreign object left inside | 1 year from discovery | If a foreign object, such as a sponge or instrument, is left in the body, O.C.G.A. §9-3-72 lets you file within one year after you discover the object, even if more than five years have passed. The statute excludes a chemical compound, a fixation device, and a prosthetic aid or device from that rule. |
| Expert affidavit required | With the complaint | O.C.G.A. §9-11-9.1 requires you to file an affidavit from a qualified expert with the malpractice complaint, setting out at least one negligent act and its factual basis. Filing without it can delay or defeat the case, so line up an expert before the two years runs. |
| Child under 5 | Until 7th birthday | Under O.C.G.A. §9-3-73, a child under the age of five when the claim arose generally has until the seventh birthday to bring a malpractice action, and a foreign-object claim until the seventh birthday as well. The five-year repose is also adjusted for very young children, so confirm the exact deadline for a minor. |
| Wrongful death | 2 years | A wrongful-death claim from malpractice generally carries its own two-year period, which can run from the date of death rather than the date of the negligent act. The five-year repose still applies, so identify the controlling dates early. |
What you can do right now
Concrete, neutral steps if you were harmed by care in Georgia and the clock is running. This is legal information, not legal advice.
- Count two years from the date of injury, not discovery
Write down the date the injury from the negligent care occurred. In Georgia the two-year clock usually runs from that date under §9-3-71(a), not from when you realized something went wrong, so do not wait for a diagnosis to act.
- Watch the five-year outer wall
No matter when you discover the harm, you generally cannot sue more than five years after the negligent act under §9-3-71(b). The only exception is a foreign object left in the body. If the care was several years ago, check that repose first.
- Get an expert affidavit ready before you file
Georgia requires an affidavit from a qualified expert filed with the complaint under §9-11-9.1. That takes time to obtain, so start the expert review well before the two years runs, not in the final weeks.
- Talk to a Georgia malpractice attorney before the deadline
The date-of-injury rule, the five-year repose, the foreign-object exception, and the affidavit requirement all turn on your facts. A licensed Georgia attorney can confirm your deadline and the steps. The State Bar of Georgia can refer you to one.
A malpractice deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of Georgia · Lawyer ReferralThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Georgia malpractice claimants get wrong
Georgia's malpractice deadline is two years, and the trap is where the clock starts. Under O.C.G.A. §9-3-71, the two years runs from the date the injury or death occurred, not from when you discovered it. Georgia does not apply a general discovery rule to malpractice, so someone who learns two years later that a missed diagnosis caused harm can already be too late. The one exception is a foreign object left in the body, which §9-3-72 lets you sue on within one year of finding it. Above the two years sits a five-year statute of ultimate repose in §9-3-71(b): a claim brought more than five years after the negligent act is barred, with the foreign-object rule as the only way through. Georgia also requires an expert affidavit filed with the complaint under §9-11-9.1, which takes time to obtain. Because the clock can start before you feel any harm, treat the two years as firm and get advice early.
Common questions
What is the statute of limitations for medical malpractice in Georgia?
Two years from the date the injury or death occurred, under O.C.G.A. §9-3-71(a), not from when you discovered it. A separate five-year statute of repose bars any claim brought more than five years after the negligent act, except for a foreign object left in the body.
Does Georgia have a discovery rule for malpractice?
No general one. Georgia measures the two years from the date of injury, not from when you learn of it. The single statutory exception is a foreign object left in the body, which O.C.G.A. §9-3-72 lets you sue on within one year of discovery.
What is the five-year rule for Georgia malpractice?
It is the statute of ultimate repose in §9-3-71(b). No malpractice action may be brought more than five years after the negligent act or omission, even if the two-year clock would otherwise still be open. The only recognized exception is a foreign object left in the body.
Do I need an expert affidavit to sue for malpractice in Georgia?
Yes. O.C.G.A. §9-11-9.1 requires an affidavit from a qualified expert, filed with the complaint, stating at least one negligent act and its factual basis. Filing without it can delay the case or lead to dismissal, so obtain the affidavit before the deadline.
How long does a child have to sue for malpractice in Georgia?
Under O.C.G.A. §9-3-73, a child under age five when the claim arose generally has until the seventh birthday to bring a malpractice action. The five-year repose is also adjusted for very young children, so confirm the exact deadline for a minor with a Georgia attorney.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.